2014 AWI NATIONAL TRAINING INSTITUTE CURRICULUM

Transcription

1 2014 AWI NATIONAL TRAINING INSTITUTE CURRICULUM MONDAY WELCOME 8:30 a.m. 8:45 a.m. Welcome Introductions Faculty: Michael A. Robbins MODULE 1: INTRODUCTION TO INSTITUTE 8:45 a.m. 9:00 a.m. (.25 hrs. MCLE & HRCI Pending) Introduction to Guiding Principles Review of the week s program Faculty: Julie B. Yanow MODULE 2: INVESTIGATIONS AND THE LAW 9:00 a.m. 10:30 a.m. (1.5 hrs. MCLE & HRCI Pending) Understanding the legal framework in order to conduct an effective investigation and reach meaningful conclusions o Why it is important Understanding discrimination (illustrated with practical examples) Understanding harassment (illustrated with practical examples) Understanding retaliation (illustrated with practical examples) Understanding wrongful termination in violation of public policy (illustrated with practical examples) Investigating other workplace misconduct Standards by which investigations are judged o EEOC Guidance o Case Law California and Federal o AWI Guiding Principles Other considerations o Privacy Issues o False imprisonment o Investigative Consumer Reporting Agencies Act and Fair Credit Reporting Act Considerations Faculty: Samantha Blake; Pamela L. Hemminger; Tracey A. Kennedy BREAK: 10:30 a.m. 10:45 a.m. MODULE 3: CASE REVIEW AND ANALYSIS DEFINING THE ISSUES AND PLANNING THE INVESTIGATION 10:45 a.m. Noon (1.25 hrs. MCLE & HRCI Pending) Recognizing the concern Invocation of privileges Waiver of privileges

2 Selecting the investigator Determining whether involvement of third parties is required (workplace violence, forensic experts, law enforcement, loss prevention) Interim measures Identifying the true nature and scope of investigations/scope creep Client relations Organizing and preparing for interviews Fact-finding, opinions, and recommendations Faculty: Michael A. Robbins; Julie B. Yanow LUNCH: Noon 1:15 p.m. MODULE 4: UNDERSTANDING AND AVOIDING BIAS IN INVESTIGATIONS AND IN OUR PROFESSION 1:15 p.m. 2:15 p.m. (1.0 hrs. MCLE & HRCI Pending, including 1.0 hrs. MCLE in Eliminating Bias in the Legal Profession) Implicit bias Bias against disadvantaged groups Confirmation bias Observer effects Priming Anchoring Investigator biases How biases affect investigations how they are conducted and the investigative findings How biases affect the decisions we make in our own practices as lawyers, HR professionals, and private investigators What we can do as investigators to address and begin to eliminate the impact of bias in our work Faculty: Amy Oppenheimer BREAK: 2:15 p.m. 2:30 p.m. MODULE 5: INTERVIEWING WITNESSES 2:30 p.m. 4:30 p.m. (2.0 hrs. MCLE & HRCI Pending) Setting the stage o The first 90 seconds The impact of attention and interaction with bias o Basketball video o The Ark How questions are framed o Loftus studies How to question o Open ended o What is an open-ended question o Studies on investigators with open-ended questions o Order of witnesses Place and manner (including telephone and Skyping) Role of representatives (attorneys; unions; Weingarten; co-workers; friends; others) 2

3 Order of Witnesses Witness advisories o Retaliation o Role of Investigator (and attorney/client privilege) o Confidentiality; impact of Banner Tips for effective interviewing, including role plays: o Interviewing the complainant o Interviewing the alleged wrongdoer o Handling the reluctant witness o Handling the hostile witness o Handling the overly-helpful witness Documenting methods and the benefits/downsides of each Faculty: Amy Oppenheimer; Keith Rohman COCKTAIL RECEPTION 4:30 p.m. 6:00 p.m. TUESDAY MODULE 6: ETHICS AND RELATED ISSUES FOR INVESTIGATORS 8:30 a.m. 10:00 a.m. (2.25 hrs. total MCLE & HRCI Pending, including 1.0 hrs. MCLE in Legal Ethics) Attorneys Structuring the engagement to comply with California Business and Professions Code Section 7522(e) and similar statutes in other jurisdictions The ethics of limited scope engagement and the role of the attorney-investigator Independence, impartiality, and the duty of loyalty Admonitions and Upjohn warnings Interacting with represented and unrepresented parties and witnesses Privilege and ethical considerations regarding employees electronic communications with their attorneys Social media Ethics rules to be referenced include California Rules of Professional Conduct 2-100, 3-110, 3-400, 3-600, and and ABA Model Rules of Professional Conduct 2.4, 4.3, and 5.7. Private Investigators Investigative professional codes of ethics Understanding your obligations as an agent of attorneys Competency and deceptive practices Invasion of privacy Out of state investigations Undercover operations Surveillance Unconventional sources/methods Internal Professionals Determining appropriate internal investigator Preconceived views/knowledge/independence & impartiality Role of internal departments: legal, human resources, risk management 3

4 Managing the outside investigator Division of tasks Access to data and documents Internal organizational dynamics: culture, hierarchy, and politics Faculty: Barry Chersky; Lindsay Harris; Keith Rohman BREAK: 10:00 a.m. - 10:15 a.m. MODULE 6 (Continued): ETHICS AND RELATED ISSUES FOR INVESTIGATORS 10:15 a.m. 11:00 a.m. MODULE 7: RECOGNIZING ELECTRONIC DATA ISSUES IN INVESTIGATIONS AND IN THE INVESTIGATOR S OFFICE 11:00 a.m. Noon (2.0 hrs. total MCLE & HRCI Pending) Various types of digital information and what data is recoverable once deleted Best practices for preserving digital evidence Best practices for reviewing digital evidence Determining when an investigator should pair with a computer forensics expert Managing electronic data in the investigator's office Faculty: Nancy Bornn; Justin Kochan, CCFE LUNCH: Noon 1:00 p.m. MODULE 7 (Continued): RECOGNIZING ELECTRONIC DATA ISSUES IN INVESTIGATIONS AND IN THE INVESTIGATOR S OFFICE 1:00 p.m. 2:00 p.m. BREAK: 2:00 p.m. 2:15 p.m. MODULE 8: THE RETENTION AGREEMENT 2:15 p.m. 3:30 p.m. (1.25 hrs. MCLE & HRCI Pending) Importance of Retention Agreement for client and investigator Attorney-client relationship if attorney performing investigation Documenting issues to be investigated Limited scope engagements Legal advice concerning investigations, e.g. confidentiality, electronic evidence retrieval Designation of investigation as privileged/non-privileged Freedom to investigate/any limitations Form of report Point person Fee issues (retainers, timing, expenses, post-investigation time) Indemnity for legal representation Termination of relationship Arbitration provision Faculty: Lindsay Harris; Pamela L. Hemminger 4

5 MODULE 9: INDIVIDUAL MOCK INTERVIEWS (OPTIONAL) 3:30 p.m. 4:00 p.m. One-on-one mock interview of witness with faculty observer (hypothetical fact scenario will be provided in advance) Individual feedback session with faculty observer Note: This module is offered for students whose employers require it, and for any other students who choose to participate. Additional mock interview sessions will be scheduled at other times during the Institute as necessary. Faculty: All Faculty WEDNESDAY MODULE 10: THE EEOC PERSPECTIVE ON INVESTIGATIONS 8:30 a.m. 9:45 a.m. (1.25 hrs. MCLE & HRCI Pending) Investigation practices that raise red flags at the EEOC The EEOC s perspective on workplace investigations The EEOC s Compliance Manual and 1999 Enforcement Guidance Faculty: Samantha Blake; Derek W. Li BREAK: 9:45 a.m. 10:00 a.m. MODULE 11: INVESTIGATIONS INVOLVING POTENTIAL WORKPLACE VIOLENCE/CHALLENGING WITNESSES 10:00 a.m. 11:15 a.m. (1.25 hrs. MCLE & HRCI Pending) Interviewing people with potential violence/emotional/ behavioral issues Threat assessment o What is threat assessment and who is qualified in this area o When should an investigator consider bringing in a threat assessor/expert? o Threat assessor/investigator partnering When an investigator should decline to take a case involving potential violence/emotional/behavioral issues Faculty: Dennis A. Davis, Ph.D. MODULE 12: DETERMINING CREDIBIILTY AND WRITING REPORTS 11:15 p.m. 12:15 p.m. (3.75 hrs. MCLE & HRCI Pending) Report writing fundamentals Report writing do s and don ts Developing a balanced analysis Determining credibility o What is credibility? o How and to what extent are investigators qualified to assess credibility? o Why investigators assess credibility o How to assess credibility 5

6 o Pitfalls in assessing credibility o Resources and tools Organizational and structural report options Post-report matters Report writing exercises Faculty: Sue Ann Van Dermyden; Julie B. Yanow LUNCH: 12:15 p.m. 1:15 p.m. MODULE 12 (Continued): DETERMINING CREDIBILITY AND WRITING REPORTS 1:15 p.m. 2:45 p.m. BREAK: 2:45 p.m. 3:00 p.m. MODULE 12 (Continued): DETERMINING CREDIBILITY AND WRITING REPORTS 3:00 p.m. 4:15 p.m. MODULE 13: MOCK INVESTIGATION SESSIONS Introduction 4:15 p.m. 4:30 p.m. Faculty: Amy Oppenheimer THURSDAY MODULE 13: MOCK INVESTIGATION SESSIONS All Day 8:30 a.m. 4:30 p.m. Faculty: All Faculty BREAK: 10:00 a.m. - 10:15 a.m. LUNCH: Noon 1:00 p.m. BREAK: 3:00 p.m. 3:15 p.m. OPTIONAL BANQUET 6:00 p.m. 9:00 p.m. FRIDAY MODULE 14: SPECIAL ISSUES IN PUBLIC SECTOR INVESTIGATIONS 8:30 a.m. 9:45 a.m. (1.25 hrs. MCLE & HRCI Pending) Unique issues in public sector investigations, including procedure, evidence, recording, searches Specific requirements of the Public Safety Officers Procedural Bill of Rights Act Specific requirements of the Firefighters Procedural Bill of Rights Act Standards for findings Post-investigation requirements Faculty: Melanie M. Poturica BREAK: 9:45 a.m. 10:00 a.m. 6

7 MODULE 15: HOW INVESTIGATIONS ARE ATTACKED AND DEFENDED 10:00 a.m. 11:30 a.m. (1.5 hrs. MCLE & HRCI Pending) Discovery issues and answers Deposition tips for investigators being deposed Key avenues of attack Serving as the expert witness Mock cross-examination of investigator at trial Faculty: Nancy Bornn; Pamela L. Hemminger; Michael A. Robbins; Dan Stormer MODULE 16: WRAP-UP 11:30 a.m. 12:30 p.m. (1.0 hrs. MCLE & HRCI Pending) Final thoughts from faculty and students Question and answer session Faculty: All Full-Time Faculty ADJOURN AT 12:30 P.M. 7